Dual Nationality

To possess dual citizenship is the condition of being a citizen of two countries. We also know that international laws do not prohibit any person dual or multiple citizenship, but some countries see multiple citizenship as undesirable, so they take legal measures to prevent it, especially through an automatic loss of nationality when they acquire another voluntarily.

What implications does dual nationality have?

A person holding dual nationality has as a consequence the existence of a dual legal link. That is, that the dual national citizen is national of two countries, enjoying the full status of both states.

However, this does not mean that these people can be simultaneously subjected to the laws of both countries, as these countries have articulated ways to “give preference to one of the nationalities” and thus, have a point of reference in the citizen-state relations.

Furthermore, most of the dual nationality treaties take the place of residence as a benchmark, so that dual citizens are not subject to both laws, but only to the country where they have set their permanent home. This applies to issues such as granting passports, diplomatic protection, the exercise of civil and political rights, labour rights and social security and military obligations.

In Spain you can have dual citizenship when:

– You are son/daughter of a marriage in which one parent is Spanish and the other of another nationality.

– Being Spanish, you acquire subsequently another nationality without losing the initial one. This occurs only in cases in which Spain has agreements for dual citizenship. The countries with which Spain has agreement are Latin American countries, Andorra, Philippines, Equatorial Guinea and Portugal. Latin American countries are considered to be ones in which Spanish or Portuguese is an official language. For example, Puerto Rico itself is considered a Latin American country, but not Haiti, Jamaica, Trinidad, Tobago and Guyana.

Besides these, you may find yourself in other specific cases as for example to be born in a country that has signed the agreement on dual citizenship and now you want to acquire the Spanish one, or you have dual citizenship of other countries.

In these cases, it would be more appropriate to ensure possibilities of acquiring Spanish nationality or to which you should resign, if that’s the case. Therefore, it is always advisable to consult with a professional experienced lawyer in Daemi Zabalza & Asociados to know the best options and way forward.